This section requires the ballot authority to draw lots to set candidate name order, give notice of the drawing, and keep the notice posted. Affected candidates may attend or send a representative.
Sec. 52.094. NAMES OF CANDIDATES. (a) Except as otherwise provided by law, for an election at which the names of more than one candidate for the same office are to appear on the ballot in an independent column or are to appear on a general or special election ballot that does not contain a party nominee, the order of the candidates' names shall be determined by a drawing. The order of the candidates' names on the ballot of any resulting runoff election or election held to resolve a tie vote shall be the relative order of names on the original election ballot. (b) The authority responsible for having the official ballot prepared for the election shall conduct the drawing. (c) The authority conducting the drawing shall post in the authority's office a notice of the date, hour, and place of the drawing. The notice must remain posted continuously for 72 hours immediately preceding the scheduled time of the drawing. (d) The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate by: (1) written notice: (A) mailed to the address stated on the candidate's application for a place on the ballot, not later than the fourth day before the date of the drawing; or (B) provided at the time the candidate files an application with the appropriate authority; (2) telephone, if a telephone number is provided on the candidate's application for a place on the ballot; or (3) e-mail, if an e-mail address is provided on the candidate's application for a place on the ballot. (e) Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997. Amended by: Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 3, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 40, eff. September 1, 2021.